Public interest writ seeking quashing of illegal arrest and detention under preventive grounds. Court examined procedural history noting bail was eventually accepted after verification. Dismissed petition finding no procedural irregularity or malice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR Judgment Reserved on 27.06.2023 Judgment Delivered on 06.07.2023
WPCR No. 44 of 2018
---- Petitioner
Versus
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---- Respondents
For Petitioner : Mr. Mahendra Dubey, Advocate.
For State/Respondents No.1 to 5 : Mr. S.C. Verma, Advocate General with Mr. Chandresh Shrivastava, Additional Advocate General. For Respondent No.6 to 9 : Mr. Dhiraj Kumar Wankhede, Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Rakesh Mohan Pandey, Judge
CAV Judgment
Per Ramesh Sinha, Chief Justice
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Magistrate, Bilaspur.
10.2 This Hon'ble Court may Kindly be pleased issue an appropriate writ/order/direction, directing the state to take appropriate action as per law against the Respondent no. 6 to 10 responsible for curtailing the personal liberty of the petitioner without due process of law and for violating and infringing the constitutional, fundamental and legal rights of the petitioner and to make proper inquiry into the matter.
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Chhattisgarh at the relevant point of time. The petitioner came to know that some of the medical stores of Bilaspur city were being run in violation of the Drugs and Cosmetics Act 1940 and Pharmacy Practice Regulation Act, 2015, therefore, he made a representation before the authorities. Some persons made baseless complaints against the petitioner in the year 2015 and a false news was published in local Hindi news paper in the year 2017. On 06.11.2017, the Petitioner appeared before the Collector in Jandarshan Programme between 12:15 P.M. to 1:00 P.M. along with other members and when his turn came up he submitted his representation but in turn, respondent No.6, i.e., District Collector Bilaspur asked the police personnel to take him to Superintendent of Police, Bilaspur. The Petitioner and his friend Ajeet Singh were brought to the office of Additional Superintendent of Police and they were arrested under Section 151 of the Cr.P.C. and Istegasa No.500/2017 was prepared. The petitioner was produced before the City Magistrate, Bilaspur at about 07:00 P.M. on 06.11.2017 and vide preliminary order dated 06.11.2017 the petitioner was ordered to be released on furnishing a security of Rs.10,000/- and personal bond of like sum for keeping peace and maintaining tranquility in society. Further case of the petitioner is that though the bail and bond was furnished, but the same was rejected by respondent No.9 and he was sent to jail. On 08.11.2017, the petitioner himself
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appeared before the City Magistrate and thereafter, he was released. The petitioner has sought relief for quashing the proceeding of Istegasa No.500/2017 pending before the City Magistrate Bilaspur, direction to the State to take action against respondent No.6 to 10 who have violated the constitutional and fundamental rights of the petitioner and to grant suitable relief.
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revenue records, therefore, the affidavit submitted by the petitioner in support of his bond was sent for verification to the Tahsildar. On 08.11.2017, a report was received from concerned Tahsildar and thereafter, the bail and bond furnished by the petitioner was accepted and he was released thus, there is no illegality.
107. Security for keeping the peace in other cases. – (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
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116. Inquiry as to truth of information. – (1) When an order under section 111 has been read or explained under section 112 to a person in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquility or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded;
Provided that –
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offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs;
Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
(7) Where any direction is made under sub-section (6) permitting, the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.”
151. Arrest to prevent the commission of cognizable offences.– (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No persons arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorized under any other provisions of this Code or of any other law for the time being in force.”
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in other cases, this section empowers the Executive Magistrate, who receives information as to any person who is likely to commit breach of peace or disturb the public tranquility, to direct such person to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year. Under Section 111 of the Cr.P.C. a Magistrate has to make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it shall be in force, and the number, character and class of sureties (if any) required. Section 151 of the Cr.P.C. deals with arrest to prevent the commission of cognizable offence and this Section empowers a police officer to arrest a person without an order from a Magistrate and without a warrant, but a person cannot be detained in custody for a period exceeding twenty four hours from the time of his arrest unless his further detention is required.
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06.11.2017 at about 16:00 hours and thereafter, within 24 hours he was produced before the concerned Magistrate who passed the order for release of the petitioner on his furnishing a bail bond in the sum of Rs.10,000/-, but the petitioner could not submit the revenue records. The affidavit in support of bond for good behaviour would show that the petitioner has mentioned name of Village, name of Tahsil, Patwari Circle number, Survey Number and area of agricultural land, but no record was submitted along with the affidavit. Therefore, the City Magistrate vide order dated 06.11.2017 directed the Tahsildar to verify the status of survey number mentioned in the affidavit and on the very next date, i.e., 08.11.2017 after receiving report from the concerned Tahsildar, bail and bond furnished by the petitioner was accepted and the petitioner was released.
Sd/Sd/- (Rakesh Mohan Pandey) (Ramesh Sinha) Judge Chief Justice
Aadil
2 issues framed by the court
Whether the arrest detention and proceedings under Sections 151 107 and 116 Cr.P.C. against the petitioner involved procedural irregularity or malice warranting quashing under Article 226.
Whether the delay in accepting the bail bond due to verification of revenue records rendered the executive action illegal.
3 provisions across 1 enactments
Vaibhav Shastri
State Of Chhattisgarh
Ramesh Mohan Pandey
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
